Understanding Quid Pro Quo Harassment In The Workplace

Quid pro quo is a term of Latin origin that means that something was gained after receiving something else. Quid pro quo harassment can thus occur in workplaces if a figure of authority within the company offers or insinuates that they will grant an employee something (a raise or promotion) as a result a sexual favor. If an employee insinuates or offers that they will not discipline or fire an employee “as payment” for a sexual favor, or if a decision to hire a potential employee is based on the acceptance or rejection of a sexual advance, this also counts as quid pro quo harassment. Quid pro quo harassment thus is a subset of sexual harassment in the workplace. Read more about what counts as sexual harassment in the workplace so that you can protect yourself and know what to do in such a scenario. Below, we take you through everything you need to understand about quid pro quo harassment – from what constitutes it, to what you can do about it.

Elements in Quid Pro Quo Harassment Claims

In order for a claimant to claim sexual harassment related to quid pro quo, the case must be able to prove the elements below to a jury:

• The plaintiff was an either an employee of, or had applied for a job with, the defendant (which we shall term as company A)
• The alleged harasser was an either an employee or officer within company A, and they made unwanted sexual advances to the plaintiff, or made unwanted physical or verbal sexual contact towards them.
• Certain job benefits were conditioned – either verbally or by conduct – based on whether or not the plaintiff accepted the alleged harasser’s sexual advances. Alternatively, decisions regarding the plaintiff’s employment were made based on their acceptance or rejection of alleged sexual misconduct.
• At the time of the alleged conduct, the harasser was either a supervisor or agent at company A.
• The alleged conduct caused harm to the plaintiff.
• The alleged harasser’s conduct was a significant factor in the harm caused to the plaintiff.

Courts tend to look for practical proof when it comes to assessing cases such as these. This may include the plaintiff either being hired or passed over for a promotion when they have shown a strong work track record. It is important to note that even if an employee submits to their employer’s advances, they are still allowed to file a claim.

Legal Remedies

Plaintiffs in quid pro quo harassment cases may recover compensation for:

• Lost benefits
• Lost employment opportunities
• Lost wages

They may be awarded punitive damages if violations were especially egregious. This is to discourage the defendant from either engaging in or allowing quid pro quo harassment in the future, but it should be noted that punitive damages are not typically awarded. A quid pro quo harassment claim must be filed with a state or federal labor protection agency first, within 180 days of the alleged harassment. We encourage you to seek the support of a seasoned harassment lawyer to help you navigate your case.